Articles and Blogs

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

Executive Summary Riding the wave of an unprecedented winning streak and continuing its trend of aggressive antitrust enforcement in the hospital merger arena, the FTC recently challenged three proposed hospital mergers – one in West Virginia, one in Pennsylvania and one in Chicago, Illinois – in a two-month period.  In each challenge, the FTC... READ MORE

MedPAC Releases Payment Recommendations for Hospital Services On January 14, the Medicare Payment Advisory Commission (“MedPAC”) released its 2017 payment recommendations to Congress for hospital inpatient and outpatient services. The commission’s recommendations would increase total spending on hospital services by 1.65 percent. MedPAC voted to cut Medicare payments by 10 percent to safety net... READ MORE

In an opinion filed January 5, 2016, the Illinois Fourth District Appellate Court ruled that the Illinois statute authorizing hospital property tax exemptions is unconstitutional. Until formal guidance is released from the Illinois Department of Revenue, this decision will likely create a period of uncertainty for hospitals that have secured or that are seeking... READ MORE

What Happened? Earlier this year, the U.S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts a broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

Executive Summary On December 18, 2015, the Centers for Medicare & Medicaid Services (“CMS”) released a draft Quality Measure Development Plan (“Draft Plan”) to serve as a strategic framework for the future of clinician quality measure development for the transition to new Merit-Based Incentive Payment System (“MIPS”) and alternative payment models (“APMs”).1 The Draft... READ MORE

Executive Summary The Centers for Medicare & Medicaid Services (“CMS”) issued Change Request 9271 on January 4, 2016, which informs providers to waive the deductible and coinsurance for Advanced Care Planning (“ACP”) when furnished as an optional element of an Annual Wellness Visit (“AWV”). When ACP services are performed separately from a covered AWV,... READ MORE

As the health care payment and delivery system continues to evolve, Hall Render attorneys are committed to providing practical counsel and insight to health care providers. Below is a compilation of key developments from 2015 that will continue to impact the health care industry in 2016. As the new year begins, our attorneys will continue... READ MORE

ACA Repeal Heads to President’s Desk On January 6, the House voted 240-181 to send an Affordable Care Act (“ACA”) repeal bill (H.R. 3762) to the president’s desk through the expedited budget reconciliation process that does not require 60 votes to pass the Senate.  While the White House has said Obama will quickly veto... READ MORE

Hall Render is pleased to announce attorney Barbra Nault has joined the firm’s Anchorage office. Barbra focuses her legal practice on health care, business and corporate transactions, employment law and business advice. She regularly advises health care clients on business organization and governance, regulatory compliance and commercial transactions. Barbra serves as outside general counsel... READ MORE